Legal Question in Personal Injury in New York
legal question
Hello,
I am located in FL and a family member was hit by a car about a week ago in New York and it does not look good. My question is can I file a lawsuit against the person and family that hit her? There is a great deal of personal suffering and just at lot to deal with. it it just a very painful and stressful time.
Can I file a personal lawsuit in the state of FL against the person that hit her for pain and suffering and causing all this stress if the it happened in NY.
Or do I need to get a lawyer in NY
and as the Grandson can I sue for pain and suffering and the stress it has caused?
Thanks for your time
9 Answers from Attorneys
Re: legal question
You'll need a lawyer admitted to NY practice. We do cases in NY and would be happy to help. Hope your grandma or grandfather get well soon. Matt Cartwright, Munley, Munley & Cartwright. [email protected]
Re: legal question
I have been traveling, but would be happy to discuss this matter with you if you would like. The short answer is yes your family member may have a claim and it likely must be filed in NY but there are some variables which might allow suit in FL. If it has to be filed in NY i can help you find someone reputable there to help you. Feel free to contact me and im sorry to hear about what you and your family are going through.
Dan Dolan
Re: legal question
Your family member needs a lawyer in New York. The lawsuit has to be brought in New York. Please feel free to contact me if I can be of assistance.
Re: legal question
I answered this already. You need a New York lawyer. In Florida, the answer to your question is "no."
Re: legal question
Your grandparent would have to bring a claim in New York. If he or she is incapacitated, or passes away, then the court would appoint a representative to sue on his or her behalf. You may have rights under New York law to make a claim personally. you probably would not have any right to do so under Florida law. We would be happy to speak to you about the case, and could help you find a competent lawyer in New York State to handle your case.
Re: legal question
Your grandparent would have to bring a claim in New York. If he or she is incapacitated, or passes away, then the court would appoint a representative to sue on his or her behalf. You may have rights under New York law to make a claim personally. you probably would not have any right to do so under Florida law. We would be happy to speak to you about the case, and could help you find a competent lawyer in New York State to handle your case.
Re: legal question
Unless you have been apppointed guardian, you cannot sue anyone. That right belongs to the injured party.
Re: legal question
You have many options ... some of which may serve you better than others.
Feel free to call this office for a free phone consult at 845.878.2163
Best of Luck
RRG
Re: legal question
Wow, it looks like you've received plenty of responses. First of all, I offer my condolences to you and your family for the emotional toll this must be taking on all of you. There is no means for you to handle this matter from Florida; therefore, the most important thing for you to do is to select the right attorney or law firm.
My office is associated with Wingate, Russotti & Shapiro. I have dealt with dozens of personal injury law firms in New York and I only refer cases to Wingate, Russotti & Shapiro because they are one of the very few firms that take their clients' calls and treat their clients with respect and courtesy at all times.
Please visit WRSLaw.com to learn more about the firm and let me know if I can provide an introduction for you.
Regards,